Chương III Luật trưng cầu ý dân 2015: Nhiệm vụ, quyền hạn của cơ quan, tổ chức trong tổ chức trưng cầu ý dân

Chapter III

DUTIES AND AUTHORITY OF AGENCIES AND ORGANIZATIONS IN ORGANIZATION OF REFERENDUM

Article 18. Duties and authority of the Standing committee of the National Assembly

1. Make decisions on referendum date, early voting, delay of voting, reopening of voting;

2. Direct and instruct organization of referendum across the country;

3. Direct communication and propaganda on referendum;

4. Regulate referendum vote, specimen polling cards, polling place rules, and other forms used in the organization of referendum;

5. Request competent agencies to handle violations of the law during the organization of referendum;

6. Receive and examine reports on referendum delivered by People’s committees of provinces;

7. Establish general report on results of referendum at national level;

8. Inspect and monitor the organization of referendum;

9. Handle complaints, denunciations about results of referendum; Decisions on the handling of complaints, denunciations made by the Standing committee of the National Assembly shall be final.

10. Determine and announce result of referendum across the country and report to the National Assembly result of referendum in the next session;

Article 19. Duties and authority of the Government

1. Direct public officials, ministerial-level agencies, Governmental agencies, People’s committees at all levels to perform tasks in the referendum as prescribed by laws;

2. Direct security, social order and safety during the organization of referendum;

3. Guarantee expenditures and other necessary conditions for the organization of referendum; provide guidance on management and use of expenditures for the organization of referendum;

4. Cooperate with the Standing committee of the National Assembly in directing communication and propaganda on referendum;

5. Cooperate with the Standing committee of the National Assembly, the Presidium of the Central Committee of Vietnamese Fatherland Front in inspecting and monitoring the organization of referendum;

Article 20. Duties and authority of People’s committees at all levels

1. People’s committees of provinces have following duties and authorities:

a) Direct, inspect and speed up the organization of referendum in the administrative division of provinces in accordance with laws;

b) Direct communication and propaganda on referendum in localities;

c) Direct security, social order and safety during the organization of referendum in localities;

d) Organize printing polling cards, referendum votes, forms and other documents serving the organization of referendum in the administrative divisions; allocate expenditures and guarantee other necessary conditions for the organization of referendum in the administrative divisions of provinces;

dd) Handle complaints, denunciations and violations of the law on referendum within competence;

e) Make reports on organization of referendum to the Standing committee of the National Assembly and the Government;

g) Receive and examine reports on result of referendum delivered by People’s Committees of communes; make reports on result of referendum held in its locality to the Standing committee of the National Assembly;

2. People’s committees of districts have following duties and authorities:

a) Direct, inspect and speed up the organization of referendum in the administrative division of districts in accordance with laws;

b) Ratify polling places determined by People’s Committees of communes;

c) Direct communication and propaganda on referendum, security, social order and safety during the organization of referendum in localities;

d) Handle complaints, denunciations and violations of the law during the implementation of referendum in localities within competence;

dd) Make reports on the organization of referendum to People’s committees of provinces;

e) People’s committees of districts shall exercise duties and authorities as prescribed in Clause 3 of this Article if there does not exist administrative units of communes, commune-level towns in communes;

3. People’s Committees of communes have following duties and authorities:

a) Determine polling places; establish a team of polling staff (hereinafter referred to as ‘the Team’) in every polling place;

b) Carry out communication and propaganda on referendum, security, social order and safety during the organization of referendum in localities;

c) Organize ballots in localities;

d) Handle complaints, denunciations and violations of the law during the implementation of referendum in localities within competence;

dd) Make reports on the organization of referendum to People’s committees of districts;

e) Receive and examine reports on result of vote counting delivered by the Team; make reports on result of referendum held in its locality to People’s committees of provinces, districts;

Article 21. Establishment of Team of polling staff – duties and authorities of Team of polling staff

1. The Team is established at every polling place 40 days at the latest before the date of voting. The Team comprises from nine to 11 members including a team leader, a secretary and members as representatives from regulatory agencies, political organizations, socio-political organizations, social organizations and representatives of local voters;

The People’s armed unit is determined as a private polling place with a team of polling staff from seven to nine members including a team leader, a secretary and members as representatives from the unit commander and soldiers of such unit.

In case the people’s armed unit shares a polling place with a local administrative unit, People’s Committees of communes shall agree with the commander of the people’s armed unit about the establishment of the Team from nine to 11 members including a Team leader, a secretary and members as representatives from regulatory agencies, political organizations, socio-political organizations, social organizations, representatives of local voters, commander of the armed unit and soldiers of such unit.

2. The Team shall have following duties and authorities :

a) Take charge of referendum tasks in polling places;

b) Arrange polling booths and prepare ballot boxes;

c) Receive documents and referendum votes from People’s Committees of communes; deliver polling cards, referendum votes affixed with stamps of the Team to voters;

d) Make notices to voters about time and venue for voting;

dd) Ensure full compliance with regulations of the law on referendum and polling place rules;

e) Count votes and make a written record of vote counting; deliver the written record to People’s Committees of communes;

g) Handle complaints, denunciations lodged by voters; report complaints, denunciations beyond competence to People’s Committees of communes;

h) Transfer the written record of vote counting and all referendum votes to People’s Committees of communes;

i) Report the organization of referendum as instructed by People’s Committees of communes;

k) Re-organize voting in the polling place (if any);

3. The Team shall stop working after 30 days since the result of referendum is published.

Article 22. Assistant agency and requisition of cadres, officials and civil servants in referendum

The Standing committee of the National Assembly, People’s committees at all levels have the right to establish or assign affiliated professional bodies to act as an assistant agency in the organization of referendum ; convene cadres, officials and civil servants from regulatory agencies, political organizations, socio-political organizations, social organizations, public service providers to help carry out the tasks in connection with the organization of referendum ;

Article 23. Responsibility of regulatory agencies, the people’s armed organizations and units and citizens in the organization of referendum

Regulatory agencies, the people’s armed organizations and units and citizens shall be responsible for complying strictly with regulations of the law on referendum, creating favorable conditions for agencies and organizations in charge of referendum to exercise their duties and authority as prescribed by laws.

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